1. This petition filed under Section 482 of the Code of Criminal Procedure seeks quashing of order dated 11.6.2014 passed by the Additional Sessions Judge (Court No.1), Hardoi, in Sessions Trial No.191 of 2013 arising out of Case Crime No.366 of 2011 under Sections 363/366 I.P.C., Police Station Kotwali City, District Hardoi. The petition further prays for quashing of proceedings in Case Crime No.366 of 2011 under Sections 363/366 I.P.C., Police Station Kotwali City, District Hardoi.
2. Allegedly, the prosecutrix, daughter of respondent no.2 was kidnapped to compel her for marriage. Impugned proceedings in Case Crime No.366 of 2011 under Sections 363/366 I.P.C., Police Station Kotwali City, District Hardoi, were initiated. Presently case is being tried as Sessions Trial No.191 of 2013 in the Court of Additional District & Sessions Judge (Court No.1), Hardoi. An application for discharge was filed by the petitioners, which has been dismissed vide impugned order dated 11.6.2014.
3. In the contention of learned counsel appearing for the petitioners, on account of the fact that allegedly the prosecutrix had not attained age of marriage, in law, or was a minor, an offence might have been committed by Manoj. Petitioners, who happen to be relatives of Manoj, have not committed any offence. This is made evident from statement of the prosecutrix, recorded under Section 164 Code of Criminal Procedure on 2.6.2011, placed on record as Annexure-4.
4. Learned counsel appearing for the petitioners further contends that in total abuse of process of the Court, petitioners have been implicated, because they are related to Manoj.
5. A perusal of the statement of the prosecutrix recorded under Section 164 of the Code of Criminal Procedure indicates that she admits to having eloped with Manoj of her own freewill and accord. The prosecutrix has not made any allegation against the family members of Manoj. It has been indicated that while Manoj/accused is a 'jeweller/Sunar', the prosecutrix is 'Gupta' by caste.
6. Issue notice to respondent nos.2 and 3 through Chief Judicial Magistrate, Hardoi, returnable on 19.8.2014.
7. List on 19.8.2014.
8. In the meantime, further proceedings in regard to petitioners only in Case Crime No.366 of 2011 under Sections 363/366 I.P.C., Police Station Kotwali City, District Hardoi, shall remain stayed.
Order Date :- 14.7.2014 A.Nigam